HomeMy WebLinkAbout01716 ORD - 06/16/1944MUNICIPAL Mh]IPENANCE ORDINANCE
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF THE PORTION OF
U-L- w 6T� IGHWAYaNO-_U5 77.
THE CITY OF
COUNTY OF lvUCS
TEXAS, BEREBY,RU=D TO AS MUNICIPAL MAINTENANCE PROJECT AND
AUTHORIZING THE MAYOR OF THE CITY, OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME, A CERTAIN
AGREEMENT BETWEEN THE CITY AND TEE STATE OF TEXAS) PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE-
CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE
EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the Public convenience, safety and necessity of the
City, and the people of the City require that the portion of.-
77 d 296.,.an1_,i within tha". tacarparata .. city limits..
........ . .... ............... . . .........
be adequately maintained; and
WHEREAS, the City has requested that the State of Texas, enter
upon and contribute financially to the maintenance of said project; and
WHEREAS, the State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole Bost and
expense, enter upon and maintain said project.
NOW, THEREFORE, BE IT ORDAINED by the Q#J 09.91144 , "Ok. -
.. .... . ... ... ..... ....... . ......... ........... .. .. .. .. ... .. ..... .......... . .. ..... .. ..........
SECTION 1. That since the public convenience, safety and necessity
of the City and the people of the City require said project be adequately
maintained.
SECTION 2. That the State of Texas be and is hereby authorized to
enter upon and maintain said maintenance project.
SECTION 3. That the Mayor, or proper City official, of the City, be and
is hereby authorized to execute for and on behalf of the City an agreement
with the State of Texas, in accordance with and for the purpose of carrying
out the terms and provisions of this order, in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is here-by
directed -to attest the agreement and to affix the proper seal of the City
hereto.
SECTION 4. The Mayor of the City, having requested in writing that
this ordinance take effect forthwith and there being in fact an emergency
and imperative necessity that the work herein provided for be begun and
carried out promptly and with expedition and that the agreement afore-
said shall be immediately made, executed and delivered to the end that such
work herein provided for may be begun and carried out promptly and with
expedition. The reading of the ordinance on three several days is hereby
dispensed with and the same shall be in full force,and effect from and
after its passage.
io-43-lo84
M[ N=UAL MATATEMANCE AGENT
(For Maintenance Only)
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this. 1 4 ._ day of _......... -:::., 19.�., by and be-
tween the State of Texas, hereina.fter referred to as the °'tate ", party of the
first part, and the City of ONWO _ ... ..... ... ... .... .... __. f .:.... �.__ _ .............:...
County, Texaej (population. _30,,= ... ..... ..........., 1940. Federal Census) acting by
and.through its duly authorized officers, hereinafter ca.11ed the "City ", pasty
of the second part.
W I T N E S S E T H
WHEREAS} the City has requested the State to assume maintenance on the route
now being traversed byNtA.S. Hwy ;No. *_.._.._...... within ouch city; and
?T & M out am* A~ go • S.
WHEREAS, the legislature of the State of Texas did enact Senate Bill No. 415,
effective May 15, 1939, authorizing and empowering the State Highway Commission
in its discretion to enter into contracts or agreements with the governing
bodies of incorporated.cities, towns, and.villages relative to the location,
relocation, construction, reconstruction, and maintenance, control, Supervision,
and regulation of designated State Highways within or through the corporate
limits of such municipalities; and
WHEREAS, it is the general policy of the Department'to confine its assistance
to the travelea. surface of the streets and those things beneath such traveled
surface necessary for the proper support of same under the vehicular loads
encountered; and
WHEREAS, as a. general policy, all of those things that affect property
rights, life, health, etc., of adjacent property owners and dwellers within the
limits of the municipality, shall remain a function and.responsibility of the
municipality itself; and
WHEREAS, it is further the general policy of tho Department when so
requested.by the proper governing officials of an incorporated city, town or
village, and agreement provisions can be agreed upon, the State Highway De-
partment will maintain the traveled.surface and its support on highway routes
through municipalities with a population of 15,000 or less as reflected by
the last available Federal Census; and
WHEREAS, the Department's general policy provides further that State
maintenance may be assumed on highway routes into those cities with a. popula-
tion in excess of 15,000 as shown_ by the last available Federal Census,
except in the congested or downtown sections of ouch cities; and
WHET AS, all maintenance agreements made with cities, towns, and villages
are for the purpose of maintenance and, shall in no way be considered to cover
10 -43 -1072 1
any y-preaeM or past obligations either real or anticipated. concerning such
highway routes through =znialpalities;
NOW THEREFORE IT IS AGREED that maintenance will be assumed by the
State over the above highway route within said. city in strict accordance
with the Highway Commission policies as stated above governing the maintenance
of highways into or through municipalities. Further detailed. description of
streets involved and specific responsibilities of the parties involved, are as
follows:
_ ....._ ..............._..+ r......%.. 1r.. 1C..�.r..�..�_:................
........... . .... ... ..... _..._._............_.. _....... ......................... ....
_.....,_._ .... _...._.......
Said State assumption of maintenance to be effective the date of
execution of this agreement by the highway Department.
IN WITNESS WHEREOF, the pasties have bereunto.affixed.tbeir signatures,
the City of ......... _�..._..._._.........___.__.._.
on the ....,_( „(� day of ..`w'4' "___ and, the Highway Department on the
3/ .day of
ATTEST: CITY OF.
Title of Signing Official
APPROVED: ME STATE OF TEXAS
_... ....._....._ BY
......... ......
Chairman, State Highway Commission State Highway Engineer
. ........ _. __..._._... _..._._...__ ................... APPROVAL RECOMMENDED.
Member, State Highway Commission
Member, State Highway.Commission District Engineer
Note: This MUNICIPAL M INT'ENANCE AGREEMENT is to be executed. in tripli-
cate and.each copy is to be supported. by a copy of the MUNICIPAL MAXCVfENANCE
ORHINANCE (Stencil 10 -43 -1084) and by a, copy of the Certificate of City
Secretary (Stencil 6 -40 -2673, Page 3).
10 -43 -1072 2
R2
(1) 'He m4bwqs itts"lvea No assorool as te11s"s $o -Witt
2WA oOtiea at XWtmr sly sWWmAW flea tlr liatosastiea Ot
Hstset wet part As"" to M. la"orsorr"isa st hoOp"a altrwt a�
tome st 44 aWt "hot o wtua of O.p. xwwso 1f1 MA I?
tram iM llor" eitr limes Now No omomw ever ttrws Jlra. to the
iatereotiea st mono"" HrmN a "Stow of &.02 ails= MA lhat $Os-
tia st slats ^Oxar f r"Wa sees" wo that elf4r Usass #a as
slotolly 49*00 ow wo SOW AMWA* tl pr�a# 00 � at �r � of.
1.4; "tie.
(1) as Rafe Ape" to aaiatala base mr1'an woo st saes Otto" of mab-
owr "Otto" rtes ra * liswt a oarb it" "Merl ons ws are in pules,
a" note *Wb O" 4"Sor on as" M ptaaee. aaiataq U" will be wetwa
"a the ssistU4 s"er"a mtstaw pia" the shw4dors Oas sstistlas aitslm.
(3) go city owws to ssas■e &U toops Ibility twee mists omm # "fro
Oi"tiy littler *UP O the iasonostlaa of lawavi eater" ant ION om
tai 0 i" 10"rotwrea ate aOOM that M as"sa"y tha n-
epsasibilitfsr st AMASO"aartas sa l'saelsl ass Hats hiafrOays within
tM fmosoom a Bait" as ba"""sis peevM" the mate apse• to ttalsta a
1hr Uour do � to above, Alk a $00i!"isa 60"v his
that *ASIAN at "M ttas of wompo as" ter moastar""r"r. to the state
doe" act bwow pffisaft ow #Poo to make M"rial istgeswmts at NR:
alalow faltli"al a1mg ;awrse 61 mw sotsoss"m s"ate"s moo" ss aot
bsaoao assoe"w usaw _of "WOOL "& ailoMlaas or rroostrwkisa
$
No state an the hialwgs ia+rolvea.
(4) it is ssroot that ttro Hato sill ast M rosporstUe for SMA*eaasss
or oogtrOost" of otae teat s"rrotaros *". "Waste# at swills"+ or
>ta UWGO aatlWads srseooarf to p F' " lavem of !opens flea as
stlests mutaea ow".
{S) wo city tt "bor apoos to tomish the etsa, vu rsgmm. alt, *"-
44ow pslleO pteteotisa aka Mor assisses" to pwaraat paskia6 on .
ioolow"a soottwo of ww" Isposts ter ow" periea of teas as aw
U sweessa y for ppoper mosAl Saass at "nab MOSpOAsa sss"iaae.
(6) !M sitr still pass "aa eato"N or aralsommoo a"000mw to vw dato
Arm" on the" hlommor testes Oaoh drat a'J' tsrsaltol paw wall
be per ittea withla liaito at the %"*I on %& street wl,atla "oa tummorr
prss,,ltsit aU. paw is the seater of straits er doable PftrlgtM•
ghost lo. i
(7) The City agrees that prior to authorization of work involving dis-
turbance of street subgrade or surfacing such as cutting pavement
for purposes of installing, connecting, adjusting, or maintaining
utility lines or for other purposes, the City will obtain concurrence
of the District Office of the State Highway Department.
(S) The City agrees to pay to the State promptly the cost of making
repairs to the subgrade or surfacing made necessary by reason of
the installation, repair, removal, or adjustment of any publicly
or privately owned utilities or services which may occur during
the life of this agreement.
(9) The City agrees that it will refrain from passing an ordinance fix-
ing a speed limit on the above mentioned streets of under thirty (30)
miles per hour nor will it allow the erection of signs,, semaphores,
and /or signals that will give preference to local routes which inter-
sect with the said street project, nor that will slow up, hinder or
delay traffic on said above mentioned streets.
(10) The City will ate its -opm-. expense, maintain, all,, street sllghts, " -- traffic
lights, and signal devices on said streets, and sweep, flush and
otherwise keep said streets in a clean and sanitary condition.
(11) The City shall either prohibit the dumping or burning of grass, weeds,
brush and other refuse in the gutter or roadway ditch or be responsible
for picking this trash up and disposing of same at its entire expense.
(12) The City agrees to prohibit business establishments or private dwell-
ings from emptying their sewage lines or from disposing of water
from wash racks, laundries, etc. into gutters or roadway ditches.
(13) The City hereby grants unto the State the right of erecting highway
route marking and directional signs within the street right -of -way.
The maintenance of said signs will be the entire obligation of the
State.
(14) It is agreed that the City will not permit vehicles to be serviced
within normal curb width of the street, nor curbs to extend beyond
the curb lines.
(15) It is agreed that the City will not permit the erection of any adver-
tising signs of any nature between existing curb lines or within the
designated curb lines or extending beyond the curb lines of the City
street or regular highway width on the highway section.
(16) It is understood and agreed by both parties hereto that State assumption
of maintenance is to be effective the date of the execution of this
agreement and said agreement shall terminate at such time as the present
designated highway routes as hereinbefore described, shall be modified
or changed, or in the event either party to this agreement should fail
to properly fulfill its obligations as herein set forth.
Sheet Wo. 2
A �
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a
.0 O R P U S C H R/ S, r / B A v
CCMYS WIMTI,TE%11!
T.w f&ct 1`i-+- the pubic con znlen,i 5, z &`3t-
er..i neccssicy cf the �14y and the people of the City requ °re = aid
project be adequately maintained creates a public emergency, and
an imperative public necessity requiring the suspension of the
Charter fulc that nc Ordinance or Resolutiun shall be passed : >relly
en the dote, of its introduction, and that said Ordinance or Resc?uticr,
shall 10c read at t_ pee, several rwetirbs of the Cit: c i;C11, rrd the
Mayor having declared that such emergency and imperative public nec-
essity exist, and reque_ted that said Charter Rule be suspended and
this ordinance be passed finally on the crate of its introduction, and
that this ordinance- take effect and be in full force and effect from
and after its razrage, IT IS SC CRDAINED.
R. 2.71) and AFrR0VZD this Idday of uur_e, 1944.
MAYOR, City of Corpus Christi, Texas.
;1 /B`S'TT:
i
i, secretary
AFFRCVED AS TO IEGAL ?:
Ci„y A torney
eC 2y,a »—�
TO THE IMNIBERS OF THE CITY COUNCIL
OF ME CITY OF CORPUS CILRISTI,
Corpus Ohrlcli, Texftr
'he reasons ate 6 in tha emer&-iac.Z zltiusa of the fo.viiig
01rdiz-ance, a pu1bl2 rgenay and an way puLlic. neccolty
5x,
fcr the suspersic,i 2 the Aazter rule cr re�,,uirement as
no Ordinance cr Resclutiori shall be pasced filially on the dat6 it
and 11 ELI Is Ore., ar-cf, %, R-so%lt-' n zhall bc read
\ th.-rec, of Go ;2z 1, t"Wicfre, 'hersb_
request -1,L)a Pend said Charter rule or nqulrenent and pafis
fli-ally cr. the da16 i+ 'Is introduced, cr at the
zm-
aa meeting of the City Council.
Respectfully,
of 'o,
l e = a s
il.e Charter rzle wmq zusparduJ 1:y e,»-1w-.Lg vote.
A. C. McCaugh e Ed. P. 11111i&nx
.t e=
w.» ffatt CAM&
Th� 6n was relst, d bA vot6:
. P.
'C r Ed
oa-UG'ra
A. s, Lli C.
Jorpur D. A. Se.,rest
B . Y-,217ett C7,
N i �